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United States v. Chantry Ortiz
672 F. App'x 402
| 5th Cir. | 2016
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Docket

*1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

STEPHEN A. HIGGINSON, Circuit Judge: [*]

Chantry Clay Ortiz, federal prisoner # 38006-177, was sentenced to 188 months of imprisonment after pleading guilty to distributing and possessing with intent to distribute a controlled substance. Ortiz moved for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on an amendment to the Sentencing Guidelines that lowered the offense levels for most drug-related offenses. The district court denied relief, and Ortiz appeals.

*2 Case: 16-10552 Document: 00513813330 Page: 2 Date Filed: 12/27/2016

No. 16-10552

Section 3582(c)(2) permits courts to modify, in their discretion, a defendant's sentence when the Sentencing Commission has subsequently lowered the applicable sentencing range. The district court may reduce a sentence after considering the factors outlined in 18 U.S.C. § 3553(a) and applicable guideline policy statements. § 3582(c)(2). The denial of a sentence reduction is reviewed for an abuse of discretion. United States v. Evans , 587 F.3d 667, 672 (5th Cir. 2009).

A review of the record reveals that, when denying Ortiz’s § 3582(c)(2) motion, the district court properly considered the § 3553(a) factors, guideline policy statement, Ortiz’s post-sentencing rehabilitative efforts, and Ortiz’s prison disciplinary record. See id. at 672-73; U.S.S.G. § 1B1.10; § 3582(c)(2). Ortiz has not shown that the district court abused its discretion by denying his § 3582(c)(2) motion. See Evans , 587 F.3d at 672-73. Accordingly, we AFFIRM the district court’s judgment.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Chantry Ortiz
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Dec 27, 2016
Citation: 672 F. App'x 402
Docket Number: 16-10552 Summary Calendar
Court Abbreviation: 5th Cir.
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